4
Thursdav. September 17, 1987 / University Daily Kansan
Opinion
THE UNIVERSITY DAILY KANSAN
Drafting democracy
A constitution represents agreement and unity.
A constitution represents agreement and unity. Korea is on its way to adopting a constitution. On Sept. 1, the ruling Democratic Justice Party and the opposition Reunification Democratic Party reached agreement on the basic elements of a constitution. A special committee is working on a sentence-by-sentence draft to be completed in October. A presidential election is even anticipated — perhaps as early as December.
oboy to an age, argue. He then laid between the assertion of basic principles and the implementation of effective democratic government is filled with hurdles, as the history of our own United States demonstrates.
When the framers of our Constitution gathered 200 years ago, the Revolutionary War was over and the "patriots' dream" was ripe for fulfillment. All 13 colonies wanted basically the same thing: freedom, a new representative form of government, justice. Yet agreement was not easy. Arguments and dissension occurred. Disagreement. Compromise. No compromise.
occurred. Disagree. How much greater a challenge Korea faces today. The country is divided into opposing factions; riots and political arrests occur frequently; troops have political loyalty. For compromise to occur, power already held by some must be surrendered to others.
other. It will not be a smooth path, but the first steps have been taken and a constitution is in the works.
and a constitution is in the works.
Even after a constitution is drafted and adopted, the proof of the sincerity implied by that piece of paper is manifested by the actions taken to uphold it. Our country has survived the debates of its founding fathers, secession, civil war, the maturing of political processes, prosperity, depression, swings of public opinion, growth in population, addition of territory, racial and economic strife, civil rights disputes — 200 years of striving to create a country of and for the people ... and all with its Constitution intact. The years have not been easy ones. Democracy and freedom have been upheld at a price.
The Constitution of the United States was signed by its framers 200 years ago today. It is a day to celebrate. It is also a day to reflect on the nature of our country today, the progress that has been made and the injustices that still exist.
been made and the injustices have been made For Korea, the way will be long and the problems numerous. The democratic nations of the world must wait and see. And hope.
A strict judge
It is not an easy decision.
It is not an easy decision.
The nomination of Robert H. Bork to fill the Supreme Court seat of Justice Lewis Powell ensures a long, bloody debate in the Senate.
Senate.
What the senators face is a struggle to determine whether Bork's personal views regarding abortion and civil rights would taint his decisions while serving on the High Court. He insists that his rulings would be based on his knowledge of the Constitution and on original intent, the practice of basing decisions on what the founding fathers meant when they drafted the Constitution.
Did the 39 delegates who signed their names on the 200-year-old document define their opinions on the rights of women to legally obtain an abortion? Hardly. They had not even recognized a woman's right to vote.
woman's right to vote.
Did the framers cringe to know that slave owners violated the basic human rights of the blacks they imprisoned? Hardly. Some were slaveholders themselves.
Technology has proved troublesome to the "correct" interpretation of the Constitution. And the future of genetic engineering, the rights of AIDS carriers in public and the ability of government officials to secretly finance conflicts without congressional authority, pose nebulous judicial questions.
Perhaps these questions should be decided by the lawmakers and then interpreted by the High Court. Senators lead the cries that Bork's nomination would thwart the progress made by blacks and women after years of crisis.
But the senators themselves make no move to guarantee the rights of these groups through legislation.
Doesn't it make sense that a justice who believes in original intent would be desirable? Thus, he or she would not base decisions on popular opinion.
on popular opinion.
A Bork nomination would return Congress' job to Congress.
Legislation would set civil rights into stone. It would assure that women would hold equal footing as men.
women would hold equal voice as a member A Bork nomination would ensure a strict interpretation of the Constitution, not one that would succumb to the winds of public opinion.
Editorials in this column are the opinions of the editorial board.
News staff
Jennifer Benjamin . Editor
Juli Warril . Managing editor
John Benner . News editor
Beth Copeland . Editorial editor
Sally Streff . Campus editor
Brian Kabeline . Sports editor
Dan Ruffelmann . Photo editor
Bill Skeet . Graphics editor
Tom Eblen . General manager, news adviser
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We the People of the United States
are still in charge of making it work.
JIMBERTSMAN
CAROLINA CANDIDATE
Homage due on 200th birthday
It has been called the most wonderful work ever struck off at a given time by the brain and purpose of man.
purpose of man.
The document in the heart and soul of every American, the Constitution, has entered its 200th year, but even in its antiquity, the power and consequence of its words remain the backbone of this great nation.
this great hall.
Crafted by 55 dedicated and independent men, the Constitution was the culmination of a long, bloody struggle for freedom by the people of the colonies. In the end, on Sept. 17, 1787, 39 of the remaining 42 delegates at Philadelphia's Freedom Hall stepped forward to sign their approval of the greatest document the world will ever see
Our great Constitution, for which millions of Americans have fought, grants its people enormous power, unprecedented at the time of its birth. It provides the foundation for the most admired self-government in the world, and it gives Americans the opportunity to choose their representatives and to choose their level but also twice at the legislative level. A system of checks and balances is ensured by the Constitution and it makes for a workable and rational governmental process.
But what makes the Constitution a moral and feeling document and not just a governing statute is the Bill of Rights, which became law in 1791, three years after the Constitution's enactment in 1788.
The late Sam Rayburn, former speaker of the
House, said of the Bill of Rights, "You might call it the statement-of-purpose of our entire republic.
Whereas the balance of the Constitution basically sets forth legislative procedures, the Bill of Rights is the heart behind the bureaucratic machinery."
machinery.
As the heart of the Constitution, the Bill of Rights is the lawful protector of our liberty and human rights, which are so often taken for granted. It is under the Bill of Rights that we are guaranteed freedom of speech, freedom of the press and freedom of religion, which are outlined in the first of 10 amendments.
But in our great nation, a number of liberties are granted to us, the citizens of the United States, such as the guarantee that "...the right
Considering the immensity of the First Amendment alone, just imagine how many people of this world strive for these basic liberties and remain unfulfilled. Imagine that more than half of this world's people live without these fundamental human rights, and it is easy to appreciate what we have inherited.
of the people to keep and bear arms shall not be infringed." We are also ensured by the Bill of Rights against unwarranted search and seizures, double jeopardy, self-incrimination and judicial excess.
excess. The amendment process is adaptable. It has been utilized 16 times since 1791 and seen this nation through the worst of times, the Civil War, when the 13th, 14th and 15th amendments culminated America's greatest internal battle.
The Bill of Rights is evidence of the Constitution's unending applicability. As the world's oldest governing document, the American Constitution has survived the test of time and has given the United States an unparalleled sense of justice and identity.
but will the Constitution be rendered obsolete in the face of advancing technology and changing values?
The Constitution is now two centuries old, and our love and respect for this great work and its framers are unending. We can only hope the next 200 years are as sweet as the first, but we must remember that words alone do not make a nation, but, as the Constitution stresses, people do.
Our Constitution is "a tough old soldier," says Supreme Court Justice William Brennan. Though issues may bruise it, "It will survive intact."
Christopher Wilson is an Olathe junior majoring in political science and personnel administration.
K·A·N·S·A·N
MAILBOX
Solution; better student
Over the past week, the editorials presented on the problems caused by this year's record enrollment have been confusing and contradictory to say the least.
On Aug. 26 the Kansan criticized President Reagan and the Department of Education for placing a dollar sign on an education. It also commented that more and more students would see their "hard-earned scholarship money taxed" away before their eyes.
accepted.
er away when he comes.
These are both very commendable and politically safe positions for the Kansan to take. But for some reason, the very next day the Kansan did an about-face when it printed an editorial about the over-crowding at our school.
It suggested that in order to curb the fall semester enrollment jumps, out-of-state tuition should be increased. Now that makes a lot of sense. At a time when the school is trying to attract better teachers and students, it would serve no purpose to make our school an unattainable financial goal for less materially fortunate students outside of Kansas who would otherwise be an asset to the University. Raising tuition would do no more than give our quite often stingy legislature more money in the form of fee releases to dangle in front of our faces.
So what to do? Raise those out-of-state academic requirements again. Make the minimum ACT higher along with the average GPA. Make admission to the University as competitive as that of other schools that offer such a fine academic atmosphere. It would follow that only the better students would apply and therefore be
accept for the in-staters, at least put some academic requirements on them, too. If one must spend a year in a junior college it isn't the end of life as we know it.
As a last resort, why not do the obvious? Expand! In a world with a population that is consistently growing, it would also follow that the college population would grow. If the University must increase the tuition, use it to add more staff and new buildings, not just remodeling the Union.
I am a firm believer that getting a good education is a right of every student. However, I feel strongly that those who have the ability should not be impaired in their pursuit for a degree by a university that refuses to improve its reputation by admitting only the better students that seek to attend. Denying a qualified student an education simply because he or his parents can't afford it is asinine.
Mark Madigan, Omaha, Neb., sophomore
In Wednesday's Kansas, Brad Taylor informs freshmen and sophomores that the best advising they can get is from upperclassmen "who have been through the wringer." OK, Brad, tell it to the students we see every day who tearfully tell us. "But nobody told me . . ." or, equally often, "But my friend told me . . .!" as in, "nobody I had to take two semesters of math." "But my friend said I could use Underwater Basketweaving as my lab science." Many of these students are astonished to learn that, at KU, information published in the Undergraduate Catalog and Timetable takes precedence over what they heard at a party four years ago.
Bad advice
Students who are serious about doing well at KU will find that good advising is available if they are willing to make some effort of their
own. For starters:
Be prepared to talk to your adviser, to answer and ask questions. Yes, Brad, you do have to look at the catalog and actually think about what classes you want to take. Your adviser can't do it for you.
■ Keep an open mind. Be willing to try a class you didn't have in high school. Think about classes and majors other than those your dad, mom, buddy, boyfriend or girlfriend thinks you should take. Also, just because someone speaks with an accent or speech impediment doesn't mean he or she is stupid or incompetent. Remember, to most of the world, you talk funn-
■ If you get bad advising, change advisers. Tell the College of Liberal Arts and Sciences Advising Support Center. We can't solve advising problems if we don't know about them.
Make an appointment to see an adviser at the CLAS Advising Support Center. If you'd looked at your catalog or read your pre-enrollment material, you'd have known we exist, Brad. We are always happy to help students any way we can.
■ If you are serious about pre-med, pre-business or pre-journalism, drop by their advising offices and pick up an information packet. Then discuss your plans with your liberal arts adviser. You will be strongly encouraged to do liberal arts coursework your first year. This will not most intended pre-business, pre-journalism and pre-med students end up receiving liberal arts degrees.
So, freshmen and sophomores, it's up to you. You can get all sorts of advice from your presumably older and wiser friends, but think about whether that's really best for you.
Linea Sundstrom, advising assistant at the College of Liberal Arts and Sciences Advising Support Center and Lawrence graduate student.
Noelle Henrickson, advising assistant and Gladstone,
Mo., senior.
BLOOM COUNTY
by Berke Breathed